Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · BILL · 113th Congress · S. 452 (Introduced in Senate) — To amend title XVIII of the Social Security Act to reduce the incidence of diabetes among Medicare beneficiaries. · Sec. 2

Sec. 2. Diabetes prevention under the Medicare program

1,425 words·~6 min read·/bill/113/s/452/is/section-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended— in subparagraph (EE), by striking and after the semicolon at the end; in subparagraph (FF), by inserting and after the semicolon at the end; and by adding at the end the following new subparagraph: items and services furnished under a diabetes prevention program (as defined in subsection (iii)(1)) to an eligible diabetes prevention program individual (as defined in subsection (iii)(2)); . Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection:
The term diabetes prevention program means a program that— meets the criteria described in subparagraph (B); and is furnished by a qualified diabetes prevention program provider (as defined in paragraph (3)(A)). The Secretary shall establish the criteria for a diabetes prevention program. Such criteria shall be in accordance with the standards under the National Diabetes Prevention Program, as established by the Centers for Disease Control and Prevention, and shall require that the program complies with the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996.
In establishing such criteria, the Secretary may also consider other factors or clinical evidence as the Secretary determines appropriate. Items and services furnished under a diabetes prevention program may be furnished in a community setting, as defined by the Secretary. The Secretary shall establish procedures under which a qualified diabetes prevention program provider may contract with a diabetes prevention program delivery partner to furnish the items and services under a diabetes prevention program.
For purposes of this subsection, the term diabetes prevention program delivery partner means an entity, including non-profit organizations, public and private hospitals, State and local departments of public health, and Federally qualified health centers, that meets criteria established by the Secretary. Such criteria shall be in accordance with the standards under the National Diabetes Prevention Program, as established by the Centers for Disease Control and Prevention. In establishing such criteria, the Secretary may also consider other factors or clinical evidence as the Secretary determines appropriate.
The term eligible diabetes prevention program individual means an individual at risk for diabetes (as defined in subsection (yy)(2)) who would benefit from items and services under a diabetes prevention program, as determined based on criteria established by the Secretary. The criteria established under subparagraph
(A)shall be in accordance with the standards under the National Diabetes Prevention Program, as established by the Centers for Disease Control and Prevention. In establishing such criteria, the Secretary may also consider other factors or clinical evidence as the Secretary determines appropriate. The term qualified diabetes prevention program provider means any entity, including a Federally qualified health center, that the Secretary determines— is appropriate to furnish items and services under a diabetes prevention program; and meets criteria established by the Secretary, in consultation with the Centers for Disease Control and Prevention. A qualified diabetes prevention program provider may be, as determined appropriate by the Secretary, a supplier (as defined in subsection (d)), a provider of services (as defined in subsection (u)), a health insurance or services company, a community-based organization, or any other appropriate entity. A qualified diabetes prevention program provider shall— furnish the items and services under the diabetes prevention program through a delivery partner (pursuant to paragraph (1)(D)) unless no such delivery partner is available; manage and track the outcomes of a diabetes prevention program (including attendance and weight loss of participating individuals) through defined systems, including outcomes of programs furnished under contract with a diabetes prevention program delivery partner as defined in paragraph (1)(D); implement business processes to manage program workflow, such as eligibility, reporting, claims billing, class scheduling, and enrollment; manage and verify billing accuracy and beneficiary eligibility (as described in paragraph (2)); comply with applicable laws and regulations and ensure such compliance by a diabetes prevention program delivery partner; perform various forms of engagement with, and outreach to, eligible diabetes prevention program individuals, including those participating in programs furnished under contract with a diabetes prevention program delivery partner; comply with all program integrity requirements as established by the Secretary; and perform such other functions as established by the Secretary. . Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended— by striking and
(Z)and inserting
(Z); and by inserting before the semicolon at the end the following: , and
(AA)with respect to items and services furnished under a diabetes prevention program (as defined in section 1861(iii)(1)), the amount paid shall be 100 percent of
(i)except as provided in clause (ii), the lesser of the actual charge for the items and services or the amount determined under the fee schedule that applies to such items and services under this part, as determined by the Secretary, and
(ii)in the case of such items and services that are covered OPD services (as defined in subsection (t)(1)(B)), the amount determined under subsection
(t). The first sentence of section 1833(b) of the Social Security Act ( 42 U.S.C. 1395l(b) ) is amended— by striking and before
(10); and by inserting before the period the following: , and
(11)such deductible shall not apply with respect to items and services under a diabetes prevention program (as defined in section 1861(iii)(1)) . Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clause: A qualified diabetes prevention program provider (as defined in section 1861(iii)(3)(A)). . Section 1888(e)(2)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395yy(e)(2)(A)(ii) ) is amended by inserting items and services under a diabetes prevention program (as defined in section 1861(iii)(1)), after qualified psychologist services, . Section 1861(aa)(3) of the Social Security Act ( 42 U.S.C. 1395x(aa)(3) ) is amended— in subparagraph (A), by striking and at the end; in subparagraph (B), by striking the comma at the end and inserting ; and ; and by adding after subparagraph
(B)the following new subparagraph: items and services under a diabetes prevention program (as defined in section 1861(iii)(1)), . In implementing the amendments made by this subsection, the Secretary of Health and Human Services shall give special consideration to the needs of individuals who are dually eligible for benefits under the Medicare and Medicaid programs. The Secretary of Health and Human Services shall conduct an evaluation on the coverage of items and services under a diabetes prevention program under the Medicare program, as added by the amendments made by this subsection. Such evaluation shall include an analysis of— the impact of the provision of such coverage on Medicare beneficiaries, including the impact on various populations, such as individuals who are dually eligible for benefits under the Medicare and Medicaid programs, and the impact of the provision of such coverage on health disparities; the rate at which physicians refer eligible diabetes prevention program individuals to diabetes prevention programs under the Medicare program; Medicare beneficiary participation levels in diabetes prevention programs under the Medicare program and the awareness of Medicare beneficiaries of the benefit; the health outcomes resulting from completion of a diabetes prevention program under the Medicare program; program integrity protections important to diabetes prevention programs under the Medicare program; and other areas determined appropriate by the Secretary. Not later than January 1, 2019, the Secretary of Health and Human Services shall submit to Congress a report on the evaluation conducted under subparagraph (A), together with recommendations for such legislation and administrative actions as the Secretary determines appropriate. The amendments made by paragraphs
(1)through
(6)shall apply with respect to services furnished on or after January 1, 2015. Section 1848(k)(2)(C)(i) of the Social Security Act ( 42 U.S.C. 1395w–4(k)(2)(C)(i) ) is amended by adding at the end the following new sentence: For purposes of reporting data on quality measures for covered professional services furnished during 2018 and each subsequent year, the quality measures specified under this paragraph shall include a measure with respect to referrals of eligible diabetes prevention program individuals (as defined in paragraph
(2)of section 1861(iii)) to diabetes prevention programs (as defined in paragraph
(1)of such section). . Section 1861(hhh)(2)(C) of the Social Security Act (42 U.S.C. 1395x(hhh)(2)(C)) is amended by inserting before the period at the end the following: , and an assessment of whether the individual is an individual at risk for diabetes (as defined in subsection (yy)(2)) . The amendments made by this subsection shall apply to personalized prevention plans created or updated on or after January 1, 2015.
Connectionstraces to 4
1 reference not yet in our index
  • 42 USC 1395w–4(k)(2)(C)(i)
Citation graph
cites case law
Sec. 2
Diabetes prevention under the Medicare program
Cite42 USC 1395w–4(k)(2)(C)(i)
Cites 5Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.